This topic contains 4 replies, has 4 voices, and was last updated by 3 months, 3 weeks ago.

Viewing 5 posts - 1 through 5 (of 5 total)
  • Author
    Posts
  • #38244
    Avatar
    Fey Knows
    Flatchatter

    After having the perfect tenant neighbours living under us for about 10 years, they moved out and the real estate agent has let the unit to young people of some description. The occupants seem to turn over about every two or three weeks, not so often as an AirBnB but pretty often. I suspect they may be itinerant workers bought in or temporary lodgers via Gumtree or whatever.

    While they are mostly considerate, every time we get used to the unit’s routines and natural noises people make such as closing doors and drawers a little too hurriedly and ‘bathroom plumbing’ noises, it all changes again.

    The real estate agent won’t tell us what goes on down there, even when we tell him it’s disturbing our ‘peaceful enjoyment’. He doesn’t get that if we knew what the set up is, we may be able to alter our expectations and change our ‘mindset’ though I hate that expression. In short, the agent is a nasty and aggressive bloke, unsympathetic, who tells us not to tell him how to run his business. The Strata Manager and Strata Committee won’t help.

    It’s a cheaply built 70s block of 40 units in Lower North Shore  Sydney. Noise transmission has always been an issue.

    We own here and do try to be reasonable. We try to put up with the unavoidable noises others make simply ‘living’ but here, you only need one 20 year old who’s never lived away from home or in a unit before to change the vibe for the worse. The latest group has on of those high powered smoothie blenders which sounds like a drill. Every morning at 5:45am it goes off. Most inconsiderate. (When I grind coffee beans much later, I set the machine on a wettex and cover it in thick towel to baffle the noise.)

    Any suggestions please? And are we being unreasonable, do you think?

    • This topic was modified 3 months, 3 weeks ago by .
    #38250
    Avatar
    Kenuppa
    Flatchatter

    Two suggestions:
    1/ Buy the unit downstairs
    2/ if they are disturbing the peaceful enjoyment of your property, take the necessary steps to regulate their behaviour

    Ken

    #38253
    Jimmy-T
    Jimmy-T
    Keymaster

    Kenuppa, the problem with 2 is that they are constantly changing.

    I would by-pass the rental agent altogether and get in touch with the owner.  They probably don’t know that their flat has new tenants every couple of weeks.

    Oh, and you could demand that the landlord be fined for not notifying the strata committee that there is a new occupant under section 258 (below).  That carries a maximum penalty of $550.  Do that every time the tenants change and they’ll soon get the message.

    If the strata committee refuses to get involved, you can pursue them under section 232 (2) “Failure to exercise a function”.

    Actually, all you have to do is apply for mediation and they will see that you are serious

    258: Tenancy notice to be given to owners corporation of leases or subleases
    (1)  If a lot is leased, the lessor must give notice of the lease, in accordance with this section, to the owners corporation not later than 14 days after the commencement of the lease.
    Maximum penalty: 5 penalty units.
    (2)  If a lot is subleased, the sub-lessor must give notice of the sublease, in accordance with this section, to the owners corporation not later than 14 days after the commencement of the sublease.
    Maximum penalty: 5 penalty units.
    (3)  If a lease or sublease of a lot is assigned, the assignor must give notice of the assignment, in accordance with this section, to the owners corporation not later than 14 days after the execution of the assignment.
    Maximum penalty: 5 penalty units.
    (4)  The notice must be in writing and specify:
    (a)  the name of the tenant and an address for service of the tenant, and
    (b)  the date of commencement or assignment of the lease or sublease, as the case requires, and
    (c)  the name of any agent acting for the owner in respect of the lease or sublease.

    • This reply was modified 3 months, 3 weeks ago by .
    #38263
    Mailbox
    Mailbox
    Flatchatter

    So does the penalty noted above apply for every change of tenant?

    I.e. if the tenant changes every two weeks and the landlord/agent fails to notify the OC then a new penalty is incurred? Noting that the two week leeway in advising the OC means that the tenant details will be out of date.

    What if the lessee is a business and they change workers on a regular business? Does the OC get to know the names of the new residents each changeover noting that the lessee remains the same?

    • This reply was modified 3 months, 3 weeks ago by .
    #38277
    Jimmy-T
    Jimmy-T
    Keymaster

    I think the question of new residents for the same lease might be covered by the sub-lease  conditions: “If a lot is subleased, the sub-lessor must give notice of the sublease, in accordance with this section, to the owners corporation not later than 14 days after the commencement of the sublease.”

    However, given that some legislatures choose not to consider Airbnb lets as sub-leases, this would have to be tested at the Tribunal.

    It is worth noting, on the other hand, that both NSW and Victoria recognise verbal (i.e. non-contract) rental agreements as falling under their residential tenancies laws.

    This is one for the Tribunals, in the first instance, and the way to achieve that is to apply for the appropriate penalties and see what happens.  The legal costs of defending that might be enough to deter the revolving door landlords anyway.

Viewing 5 posts - 1 through 5 (of 5 total)

You must be logged in to reply to this topic. Login Register